COMMENTARY — Debate over U.S. Mining Law

Perhaps the most urgent issue for mining in the West has been the attempt to amend or to revoke the Mining Law of 1872. For four or more years, a fight to replace the Law was led by Representative Nick Joe Rahall II in the House of Representatives and Senator Dale Bumpers in the Senate. The two bills would destroy the incentive to discover and develop mineral deposits on the public lands, and would severely hinder the profitable operation of most existing mines.

Late in the session, the House of Representatives added amendments to the appropriation bill to fund the Interior Department for the fiscal year ending Sept. 30, 1993. These amendments called for a $100 annual holding fee for unpatented claims, and a moratorium on issuance of mineral patents. When the bill got to the Senate, several more mining-related amendments were added. The Senate left intact the $100 holding fee and dropped the patent moratorium.

The two versions went to a conference committee of House and Senate appointees to reconcile the differences. The House refused to accept the Senate amendments, and the committee agreed only on keeping the $100 holding fee for two years and a new version of the small miner exemption to include exploration.

Most miners accept the fact that some change in the Mining Law is inevitable. Opinions are divergent on what change, if any, will be acceptable. What to do? First, all interested in mining must have a say in what course the industry must take next year. Those areas of agreement must be identified. Second, the areas of difference must be studied to find ways to keep those differences from creating a schism that will cost us our ability to find and develop minerals. Third, we must communicate openly and constantly throughout the session. And fourth, we must be ready to put any amount of energy and resources into the battle.

We can find areas of agreement on which to build our common effort. We must accept the fact that differences will exist. We should remember the old rule that says we can disagree all day, but still have the respect for those different from ourselves so that deterioration to a personal battle can be prevented. It won’t be easy, but it will be essential.

— From a recent edition of Bulletin, a publication of the Northwest Mining Association, Spokane, Wash.